A magistrates' court is a lower criminal and civil court in England and Wales. Almost all criminal cases start in a magistrates' court, including cases that are later sent to the Crown Court. Magistrates' courts also deal with many summary offences, some either-way offences, bail, warrants, road traffic matters, youth cases, and a range of family and civil work.
Magistrates' courts are local courts. Cases may be heard by a bench of lay magistrates, usually three but sometimes two, or by a legally qualified District Judge.
Criminal Jurisdiction
All adult criminal cases normally begin in the magistrates' court. The court deals with:
- Summary-only offences.
- Either-way offences that are suitable for summary trial.
- First appearances for indictable-only offences before they are sent to the Crown Court.
- Allocation decisions for either-way offences.
- Bail and remand decisions.
- Committal or sending for sentence in suitable cases.
- Warrants and other procedural applications.
Summary-only offences are tried only in the magistrates' court. Either-way offences can be tried in the magistrates' court or Crown Court, depending on seriousness, allocation, and in some cases the defendant's election for jury trial.
Lay Magistrates and District Judges
Lay magistrates are volunteers from the community. They are not required to be lawyers, but receive training and sit with a legal adviser. District Judges are legally qualified professional judges.
In a trial before lay magistrates, the magistrates decide both fact and sentence. The legal adviser assists on law and procedure but does not decide the verdict.
Procedure
A typical adult criminal case may involve:
- A first hearing.
- Identification of the charge.
- Bail or remand.
- Plea before venue for an either-way offence.
- Allocation to magistrates' court or Crown Court where required.
- Trial in the magistrates' court if the case stays there and the defendant pleads not guilty.
- Sentence, committal for sentence, or appeal.
The exact procedure depends on the offence type and the defendant's plea.
Sentencing Powers
Magistrates' court sentencing powers are more limited than those of the Crown Court. Available sentences can include fines, compensation, disqualification, penalty points, community orders, restraining orders, and custody where the statute permits it.
For serious either-way cases, magistrates may send the case to the Crown Court for trial or commit the defendant to the Crown Court for sentence if their sentencing powers are insufficient.
Appeals
A defendant convicted or sentenced in the magistrates' court may often appeal to the Crown Court. Appeals from the magistrates' court to the Crown Court are normally reheard by a Crown Court judge sitting with magistrates.
There can also be appeals by way of case stated to the High Court on points of law.
Youth Court
The youth court is a type of magistrates' court dealing with most cases involving defendants aged 10 to 17. It has different procedures and restrictions because of the age of the defendant.
Practical Examples
Summary Offence
A minor road traffic offence may be dealt with entirely in the magistrates' court.
Either-Way Theft
A theft charge starts in the magistrates' court. The court considers plea and allocation. A lower-value straightforward case may stay there, while a more serious case may go to the Crown Court.
Indictable-Only Charge
A murder charge begins with an initial appearance in the magistrates' court, then is sent to the Crown Court.
See Also
References
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